§ 8-23-9-47 — Railroad crossings; election by railroad companies to make or pay for improvements

A railroad company may elect, by written
notice filed with the department, not less than twenty (20) days before
the date on which the contract for the improvement of a highway is to
be let, to improve the part of the highway occupied by its tracks or to
pay for the improvement done by the department. If the railroad
company elects to improve the part of the highway occupied by its
tracks, the company shall perform the work of improving the part of the
highway with material and in a manner and according to plans and
specifications that the department prescribes and shall commence,
proceed with, and complete the work within a time to be fixed by the
department. If the railroad company fails to do so, the company is
subject to a fine of not to exceed fifty dollars ($50) per day for each and
every day that the improvement is not commenced or completed after
the date named by the department. If the railroad company elects to pay
for the improvement as done by the department, any sums assessed to
cover the cost of the improvement, together with all the cost in
collecting the costs, including attorney's fees, to be fixed by the court
and taxed as costs in the action brought to enforce payment, shall, from
the date of filing a statement of the assessment, attested by the
department, in the office of the county recorder of the county in which
the improvement was made, constitute a lien, to which only the lien of
the state for state, county, township, and school taxes is paramount.

Legislative History

As added by P.L.18-1990, SEC.218.